Bradford v. Haggerthy
Supreme Court of Alabama
.Writ of Error to the Circuit Court of Montgomery. Assumpsit by Bradford against Haggerthy as the indorser of a note made by one Pou. The declaration alledges that suit was brought on the note by Bradford against Pou to the county court of Tallapoosa county, that being the first court to which the suit could be brought after the note fell due, and Pou being there a resident.
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.Writ of Error to the Circuit Court of Montgomery. Assumpsit by Bradford against Haggerthy as the indorser of a note made by one Pou. The declaration alledges that suit was brought on the note by Bradford against Pou to the county court of Tallapoosa county, that being the first court to which the suit could be brought after the note fell due, and Pou being there a resident. At the trial, the plaintiff proved that he commenced suit against Pou in the county court of Tallapoosa county, on the 9th July, 1839; this suit was dismissed in consequence of the sheriff’s return of not found, and a new…
1Opinion of the CourtGoldthwaite, J.
l. It was entirely immaterial to the consideration of this case, that the defendant had been previously liable to the plaintiff in another contract, as that liability was suspended, if not discharged, by the acceptance of the indorsed note' The rule in such cases is, that even when the creditor is allowed to consider the previous contract as an existing debt, and declares upon it, he is notwithstanding obliged to sustain his action by proof .precisely the same as would be requisite if the suit was on the indorsement. *701[Bales v. Ryland, 6 Ala. Rep. 668.] There was no material error therefore,…
2Cases cited2 opinions
- Queen v. HepburnSupreme Court of the United States · 1813
- Bates v. RylandSupreme Court of Alabama · 1844
3Cited by6 opinions
- Mitchell v. KinneySupreme Court of Alabama · 1942
- Ham v. State ex rel. BuckSupreme Court of Alabama · 1908
- Terry v. Birmingham National BankSupreme Court of Alabama · 1890
- Townsend v. Jeffries' Adm'rSupreme Court of Alabama · 1854
- Wigginton v. StateAlabama Court of Appeals · 1920
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